Legal Easements for Public Utility Easements are real rights that benefit a holder, the owner of a real estate property or land, allowing them to use or benefit from a neighboring property. They constitute a genuine limitation on the property rights of the neighboring owner and are regulated in Article 530 of the Civil Code. Legal Easements Between Private Parties…
Developer’s Misconduct in Property Sales We decided to write this article due to a negative experience we recently had with a developer in Torrevieja, Alicante. This company, which is actively building in the area, made it impossible to close a sale on behalf of a Norwegian client. This client was interested in purchasing a property for €365,000. When the client…
POSSESSION AS OWNER AS A MEANS OF ACQUIRING PROPERTY Although it may seem strange that today there could be real estate properties that remain outside the dispositional sphere of a person for many years, it is true. There are many cases where the transfer of ownership of a property has not been properly handled, and eventually, the possessor who believes…
Common conflicts in the return of rental deposits At the end of a rental contract, the landlord is legally required to return the deposit received at the beginning of the agreement. This deposit is typically used to cover any damages to the property or outstanding expenses. Although this process should be straightforward and automatic, it can often become very complicated.…
URBAN LEASING PROBLEMS We are starting a new space that we are going to dedicate on our page to the problems that commonly arise in the application of the Urban Leases Law, focusing especially on those that have a greater number of cases in the Courts and Tribunals. No one is aware that, being one of the most widely applied…
Legal aspects of buying rustic properties in Spain The purchase of a property in Spain always requires special precautions for those who are not natives of the country, the first of which is to have independent legal advice. If we add to this that there is legislation on land in Spain, which is enforced by the Town Halls who must…
The Arras Contract: Essential Aspects In current real estate transactions for the purchase of built housing, whether new or second-hand, this document has completely replaced the private purchase contract. The arras or deposit provided for in Article 1454 of the Civil Code has traditionally been a preliminary document that operated as a reservation document. Without specifying major features of the…
COMMON CASES IN COMMUNITIES OF OWNERS IN SPAIN. HORIZONTAL PROPERTY. We are inaugurating a section in which we are going to record the most frequent cases and questions that we are asked as well as cases that we have handled in this office and relevant sentences so that you can clear up or clarify doubts through this section. What to…
HORIZONTAL PROPERTY IN SPAIN (2ND PART) REPRESENTATIVE DEPARTMENTS IN SPAIN Law 49/1960 of 21 July 1960 on Horizontal Property establishes a series of minimum departments or organs that must exist in every Community, without prejudice to the possibility of establishing additional departments in the Community Statutes, but always of an obligatory nature, including those established by the Law. If you have…
HORIZONTAL PROPERTY Welcome to the first article in our series dedicated to a fundamental subject: horizontal property. In this series, we will explore in depth the various legal and practical aspects of horizontal property, starting with its context and development in Spain. Join us on this journey to better understand this crucial aspect of real estate law. HORIZONTAL PROPERTY IN…
